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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10399
Experience:  Barrister 17 years experience
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Can Turbary Rights be registered with the freehold folio? In

Customer Question

Can Turbary Rights be registered with the freehold folio? In a CPO process, the NRA are ignoring Turbary Rights purchased through solicitors with appropriate paperwork to validate the authenticity of the Turbary Title. However, it appears that the same Turbary title was never registered with the freehold beneath the Turbary Title. The same Turbary Rights were purchased from the previous Turbary Right owners, who were not the freehold owners, and our concern is that the money paid to the original Turbary Right owners, will not now be compensated by the NRA through their CPO, as there was NEVER a registration of the same Turbary Rights on the Freehold. Our further concern and question is, is it fair to conclude that the solicitors representing the purchaser of the Turbary Rights from the initial Turbary Right owners, was negligent in their search on the folios to ensure REGISTRATION on the freehold beneath same Turbary.
Submitted: 11 months ago.
Category: Republic of Ireland Law
Customer: replied 11 months ago.
The Turbary Rights purchased between 1999 and 2005 from the original Turbary Right owners, through our solicitors. The NRA are currently building a roadway through the Turbary Right lands and have CPO'd 4 acres. The Freehold owners have been compensated by the NRA. We, as the Turbary Right owners were given no compensation, as it appears there was never any REGISTRATION of the Turbary Title on the freehold title. As we had good faith in our solicitors in their capacity to purchase the Turbary Rights between 1999 and 2005, are they responsible as practicioners of law and before handing over money to the initial Turbary Right owners, to ensure the Turbary Title is in fact registered on the freehold beneath it. Is it the case that our solicitors have been negligent in their remit to ensure REGISTRATION of Turbary Title rests on the Freehold beneath it. Is it the case that our solicitors are liable to compensate us for the moneys paid through them between 1999 and 2005, as the Turbary Title has now been valued as effectively useless without registration on the freehold beneath it. It is the case that this is gross negligence on behalf of our solicitors for not ensuring that the Turbary Title was registered on the freehold. Is it necessary for us to now pursue our solicitors through indemnity insurance to get back money given to them to purchase the Turbary Rights between 1999 and 2005. It so happens that this same land that was CPO'd by the NRA was zoned development land where the freehold owners were compensated a sizeable sum per acre. Is there a precendent whereby the Turbary Rights purchased by a second party from the original owners, who had not registered the same Turbary Rights either, can be registered at a later date to validate the Turbary Right and seek appropriate compensation from the NRA.
Expert:  Buachaill replied 11 months ago.
1. At the outset, it is still possible to register the turbary rights on the registered land,e ven at this stage. The turbary rights don't disappear just because they were not registered between 1999 and 2005. They can be registered now. However, this registration can potentially be opposed by the freehold owner on the grounds of lapse of time. However, here, where the land is being CPO'd anyway, there is no reason why the freehold owner would do this. So, I would suggest you give your solicitors 21 days within which to register the turbary rights or at least put in an application. Failing this being successfully done, you should sue your solicitors for professional negligence. It is professional negligence on their part to fail to register the transfer of the turbary rights to you. So, you can seek indemnity from their professional indemnity insurance. At this stage, you should issue the proceedings through another solicitor as once again there are potential Statue of Limitations issues that you may be out of time, if you don't do this immediately. So get another firm of solicitors to act on your behalf and get a protective writ issued against your original solicitors.
Expert:  Buachaill replied 11 months ago.
2. Please Rate the answer as unless you Rate the answer your Expert does not get paid for answering your Question.
Customer: replied 11 months ago.
Hi,
I am unclear with reference to the following sentence;
"However, this registration can potentially be opposed by the freehold owner on the grounds of lapse of time. However, here, where the land is being CPO'd anyway, there is no reason why the freehold owner would do this."
Is this inferring that the NRA would not oppose the registration of the Turbary on the freehold, or that the NRA would oppose the registration of the Turbary on the freehold? Sorry for my lack of comprehension.If it transpires that our solicitors can register the Turbary title on the freehold folios within the 21 days, will this grant us the proof that negligence was in fact perpetrated by our solicitors, who will then have proven to have been negligent by not affording us the opportunity to have had a Turbary BURDEN on the freehold owners, thus obliging the freehold owners to engage with us to get paid the compensation due. Is it possible that our solicitors are aware of this, and could frustrate and delay until after Abritration, which is now set to proceed. In your opinion, is it a futile exercise in pursuing the registration of the Turbary Title, as the freehold owners have already been compensated, and it is as you wrote earlier, that it would be the indemnity insurance that would need to be pursued.
Expert:  Buachaill replied 11 months ago.
3. Yes, whoever is now the freehold owner, such as the NRA could oppose the registration of the turbary rights, if they wished on the Folio. Then it will be a question of lapse of time. Secondly, your second question foresees disaster before it happens. Solicitor's don't engage in behaviour to frustrate a claim for compensation when there is a potential claim for negligence against them. That would only be imposing a liability on the solicitors. So, they aren't going to do that!!